SCHEDULE
AGREEMENT ON SOCIAL
SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND ON BEHALF OF THE STATES OF JERSEY AND THE STATES OF GUERNSEY
AND THE GOVERNMENT OF NEW ZEALAND
The Government of the
United Kingdom of Great Britain and Northern Ireland on behalf of the States of
Jersey and of the States of Guernsey and the Government of New Zealand;
Being resolved to
co-operate in the field of Social Security, have decided to conclude an
Agreement for this purpose;
Have agreed as
follows –
PART I
GENERAL
PROVISIONS
Article 1 Definitions
In the Agreement, unless
a different meaning is indicated by the context, the following expressions
shall mean –
“benefit” for
Jersey and Guernsey, a pension, an allowance, a lump sum grant or any other
benefit in cash, including any supplement or increase for dependants thereto
and, for New Zealand, a benefit, a pension, or a lump sum grant;
“competent
authority” as regards Jersey, the Social Security Committee of the States
of Jersey; as regards Guernsey, the Guernsey Social Security Authority; and, as
regards New Zealand, the Director-General of Social Welfare or an authorised
representative of the Director-General;
“competent
institution” as regards Jersey, the Social Security Committee of the
States of Jersey; as regards Guernsey, the Guernsey Social Security Authority;
and, as regards New Zealand, an institution which is responsible for the
administration of the legislation referred to in Article 2;
“Government”
the Government of the United Kingdom of Great Britain and Northern Ireland, on
behalf of the States of Jersey, and of the States of Guernsey, and, as the case
may be, the Government of New Zealand;
“contribution
period” as regards Jersey and Guernsey, a period in respect of which
contributions appropriate to the benefit in question are payable, have been
paid, or treated as paid, under the legislation concerned;
“dependant” as
regards Jersey and Guernsey, a person who would be treated as such for the
purposes of any claim for an increase of benefit in respect of a dependant
under the legislation concerned;
“equivalent
period” as regards Jersey and Guernsey, a period for which contributions
appropriate to the benefit in question have been credited under the legislation
concerned;
“Guernsey” the
Islands of Guernsey, Alderney, Herm and Jethou;
“Jersey” the
Island of Jersey;
“New Zealand”
New Zealand only and not the Cook, Niue, and Tokelau Islands;
“Party” Jersey
or Guernsey, as the case may be, or New Zealand;
“period of insurance”
as regards Jersey or Guernsey, a contribution period or an equivalent period;
“temporary
absence” as regards New Zealand, a period of absence during which benefit
may continue to be payable under the legislation of New Zealand;
and any term not defined
in this Article shall be understood as having the meaning assigned to it in the
applicable legislation.
Article 2 Legislative
scope
(1) The
Agreement shall apply –
(a) to
the Social Security (Jersey)
Law 1974, as it applies to old age pension, widow’s benefits,
sickness benefit, invalidity benefit, disablement benefit and death grant;
(b) to
the Social Insurance (Guernsey) Law 1978, as it applies to old age
pension, widow’s benefit, sickness benefit, invalidity benefit,
industrial injury benefit, industrial disablement benefit and death grant; and
(c) in
relation to New Zealand, to the Social Security Act 1964 and the Social
Welfare (Transitional Provisions) Act 1990 insofar as those Acts and the
legislation provides in relation to the following benefits –
(i) New Zealand
superannuation;
(ii) invalid’s
benefits;
(iii) widow’s
benefits;
(iv) domestic
purposes benefits paid to widowers;
(v) veteran’s
pension; and
(vi) sickness
benefit.
(2) The
Agreement shall apply equally to any legislative or regulatory Act which
modifies, adds to, or replaces the legislation referred to in paragraph (1).
(3) The
Agreement shall apply, unless the Parties agree otherwise, only to benefits
under the legislation specified in paragraph (1) at the date of coming
into force of this Agreement.
(4) This
Agreement shall not apply to legislation on social security of the Institutions
of the European Community or to any Agreement on social security which any
Party has concluded with a third party or to any laws or regulations which
amend the legislation specified in paragraph (1) for the purpose of giving
effect to such an Agreement, but shall not prevent any Party taking into
account under its legislation the provisions of any other Agreement which that
Party has concluded with a third party.
Article 3 Personal
scope
Unless otherwise
provided, this Agreement shall apply to any person who is, or has been, subject
to the legislation of any Party, or who has acquired rights by virtue of that
legislation, including dependants and survivors of such a person.
Article 4 Equality
of treatment
Unless otherwise provided
in the Agreement, persons designated in Article 3 shall, in the
application of the legislation of any Party, receive equal treatment.
Article 5 Detached
workers
(1) Where
a person insured under the legislation of Jersey or Guernsey and employed by an
employer there is sent by that employer to work in New Zealand the legislation
of Jersey or Guernsey concerning liability for contributions shall continue to
apply to that person as if the employment was in Jersey or Guernsey, provided
the employment is not expected to last for more than thirty-six months.
(2) Where
the employment or time to complete the work comes to exceed thirty-six months,
the period over which liability for contributions under the legislation of
Jersey or Guernsey may be extended, provided prior application is made and
approval given.
(3) Where
a person is ordinarily resident in New Zealand and employed by an employer
there is sent to work in Jersey or Guernsey the social security legislation of
Jersey or Guernsey shall not apply to that person provided that payment
continues to be made in New Zealand and the employment is not expected to last
more than thirty-six months.
Article 6 Export
of benefits
(1) Unless
otherwise provided in the Agreement, any benefit acquired under the legislation
of Jersey or Guernsey, as well as benefits acquired under the Agreement, shall
not suffer any reduction, modification, suspension or cancellation solely as a
result of the beneficiary residing in New Zealand, and such benefit shall be
payable in New Zealand.
(2) Notwithstanding
the provisions of this Agreement, old age pension or widow’s benefit
acquired under the legislation of Jersey or Guernsey in accordance with the
provisions of this Agreement shall not suffer any reduction, modification,
suspension or cancellation solely as a result of the beneficiary residing, or
temporarily residing in a country other than Jersey, Guernsey or New Zealand.
(3) Except
as provided in Articles 9 and 10 of this Agreement, any New Zealand
benefit acquired under the legislation of New Zealand, or by virtue of this
Agreement, shall not suffer any reduction, modification, suspension or
cancellation solely as a result of the beneficiary residing in Jersey or
Guernsey, and such benefit shall be payable to persons in Jersey or Guernsey
whose intention it is to reside in Jersey or Guernsey for longer than a period
of twenty-six weeks.
(4) A
person who is receiving a New Zealand benefit in Jersey or Guernsey shall
continue to receive payment of that benefit during a period of temporary
absence from Jersey or Guernsey.
PART II
PROVISIONS
ON BENEFITS
Article 7 Principle
of totalisation
(1) For
the purposes of Articles 8 to 10 in respect of New Zealand, and Article 13
in respect of Jersey and Guernsey, when a person has completed periods of
insurance under the legislation of Jersey or of Guernsey or is, or has been,
ordinarily resident in New Zealand, and is not eligible for benefits solely
under the legislation of one Party, the competent institution of that Party shall
totalise, to the extent necessary for the entitlement to benefits under the
legislation which it applies, the periods of insurance or residence, as the
case may be, completed under the legislation of all of the Parties, provided
that they do not overlap.
(2) Notwithstanding
any other provisions of this Agreement, if the total duration of the periods of
insurance accumulated under the legislation of Jersey or Guernsey is less than
one year and if, taking into account only those periods, no right to a benefit
exists under that legislation, the competent authority of the Party concerned
shall not be required to award benefits in respect of those periods by virtue
of this Agreement.
Article 8 Totalisation
of periods of residence and/or insurance
(1) For
the purposes of this Agreement, where a person who is ordinarily resident in
New Zealand cannot claim the periods of residence in New Zealand under New
Zealand social security laws in order to be entitled to a New Zealand benefit,
the New Zealand competent institution shall take into account the periods of
insurance, or periods of insurance completed by that person’s spouse, or
former spouse, as the case may be, in Jersey or Guernsey as if they were
periods of residence in New Zealand.
(2) In
determining entitlement to a New Zealand widow’s benefit, or domestic
purposes benefit for widowers, in respect of a person ordinarily resident in
New Zealand, any dependent child of that person born in Jersey or Guernsey, or
born while the parent was temporarily absent from Jersey or Guernsey, shall be
deemed to have been born in New Zealand.
(3) For
the purposes of this Agreement, in determining entitlement to a New Zealand
benefit in respect of a person who has been ordinarily resident in New Zealand
for twelve months or more after he or she had attained the age of twenty, and
who is ordinarily resident in Jersey or Guernsey, periods of insurance, or
periods of insurance completed by that person’s spouse or former spouse,
as the case may be, shall be totalised to enable the person to meet the minimum
period of New Zealand residence required under New Zealand social security
legislation.
(4) Where
a benefit has been granted using the provisions of paragraph (1), or,
where appropriate, paragraphs (1) and (2) of this Article, no part of that
benefit shall be paid outside New Zealand, except as is provided for under New
Zealand social security legislation as it affects temporary absence overseas,
unless the person has been ordinarily resident in New Zealand continuously for twelve
months or more after he or she had attained the age of twenty.
Article 9 Payment
of New Zealand superannuation and veteran’s pension in Jersey or Guernsey
(1) Subject
to paragraph (4) of Article 8 and paragraphs (3) and (4) of this
Article, a person receiving, or qualified to receive, New Zealand
superannuation or veteran’s pension shall be entitled to receive payment
of that benefit while residing in Jersey or Guernsey.
(2) Subject
to paragraphs (3) and (4), a person having reached the age of entitlement
to New Zealand superannuation or veteran’s pension who is residing in
Jersey or Guernsey, and who has had previous residence in New Zealand of not
less than twelve months after he or she had attained the age of twenty, shall
be entitled to receive payment of those benefits.
(3) The
amount of the benefit referred to in paragraphs (1) and (2) shall be
calculated in accordance with the following formula –
|
number of whole years residence
in New Zealand
|
x
|
maximum benefit rate
|
|
forty years
|
|
subject to the following
provisions –
(i) the number of
whole years residence in New Zealand shall be calculated on residence after age
twenty;
(ii) all
periods of residence in New Zealand shall be aggregated;
(iii) for
periods of residence in New Zealand in excess of forty years, payment shall be
made at a rate of 100 per cent of New Zealand superannuation or veteran’s
pension;
(iv) the
maximum amount of benefit shall be –
(a) in
the case of a single person, the maximum rate of benefit payable under the social
security laws of New Zealand to a single person who is not living alone; and
(b) in
the case of a married person, the maximum rate of benefit payable under the
social security laws of New Zealand to a married person whose spouse also
qualifies for New Zealand superannuation or a veteran’s pension.
(4) Persons
residing in Jersey or Guernsey on or before the effective date of this
Agreement, who are receiving payment of New Zealand superannuation or
veteran’s pension by virtue of section 17 of the Social Welfare
(Transitional Provisions) Act 1990, shall be entitled, if they so elect,
to continue to receive payment under this provision.
(5) The
amount of the benefit referred to in paragraphs (1) and (2) shall be
payable without regard to the old age pension paid under the legislation of
Jersey or Guernsey.
(6) The
amount of the benefit referred to in paragraphs (1) and (2) shall not
include the living alone rate of payment.
Article 10 Payment
of New Zealand widow’s benefit, domestic purposes benefit and invalid’s
benefit in Jersey or Guernsey
(1) Subject
to paragraph (4) of Article 8, a person receiving, or qualified to
receive, a New Zealand widow’s benefit, a domestic purposes benefit for a
widower or an invalid’s benefit, shall be entitled to receive payment of
that benefit while residing in Jersey or Guernsey.
(2) The
amount of the benefit referred to in paragraph (1) shall be calculated in
accordance with the following formula –
|
number of whole years residence
in New Zealand
|
x
|
maximum benefit rate
|
|
twenty-five years
|
|
subject to the following
provisions –
(i) the number of
whole years residence in New Zealand shall be calculated on residence after age
twenty;
(ii) all
periods of residence in New Zealand shall be aggregated;
(iii) for
periods of residence in New Zealand in excess of twenty-five years, payment
shall be made at a rate of 100 per cent of the rate specified in the
appropriate Schedule to the Social Security Act.
(3) The
amount of the benefit referred to in paragraphs (1) and (2) shall be payable
without regard to widow’s benefit, invalidity benefit, disablement
benefit, industrial injury benefit, and the industrial disablement benefit paid
under the legislation of Jersey or Guernsey as the case may be.
Article 11 Sickness
benefit
(1) For
the purposes of a claim for sickness benefit under the legislation of New
Zealand the following shall be treated as a week of residence under the
legislation of New Zealand –
(a) a
quarterly contribution factor of 0.077 under the legislation of Jersey; or
(b) one
contribution under the legislation of Guernsey, provided the claimant has,
since the date of his or her most recent arrival in New Zealand, undertaken
paid work for eight weeks of at least thirty hours a week.
(2) Sickness
benefit granted by virtue of this Agreement, or by virtue of the social
security laws of New Zealand, shall not be payable outside New Zealand.
Article 12 Payment
of supplementary benefits in and outside New Zealand
(1) Where
a benefit is being paid by the competent institution of New Zealand, under this
Agreement while the beneficiary is residing in New Zealand there shall also be
payable by that institution any supplement or additional amount that is
provided for under the social security laws of New Zealand.
(2) Where
a New Zealand benefit is payable in Jersey or Guernsey under this Agreement the
amount of the benefit shall not include any additional supplementary benefit or
allowance payable under the legislation of New Zealand.
Article 13 Benefits
under the legislation of Jersey and Guernsey
(1) If
a person who has been subject to the legislation of more than one Party meets
the requirements for entitlement to benefits for himself or for his dependants,
survivors or other rightful claimants under the legislation of Jersey or Guernsey,
without having recourse to totalisation under Article 7, the competent
institution of Jersey or Guernsey shall determine the amount of benefits
payable in accordance with the provisions of its legislation.
(2) Notwithstanding
paragraph (1), a married woman entitled to an old age pension solely on her
husband’s contributions under the legislation of Jersey or Guernsey shall
also be entitled to have any pension entitlement based entirely on her own
insurance determined in accordance with the provisions of paragraph (4).
Such a married woman shall be entitled to receive only the benefit of her
choice.
(3) If
a person referred to in paragraph (1) is not entitled to old age pension
or widow’s benefits without totalisation –
(a) the
competent institution of Jersey shall treat periods of residence in New Zealand
after 10th September 1951 as periods of insurance under the legislation of
Jersey, and shall totalise such periods of insurance with periods of insurance
completed under the legislation of Jersey, in accordance with Article 7;
and/or, as the case may be,
(b) the
competent institution of Guernsey shall treat periods of residence in New
Zealand after 1st January 1952 as periods of insurance under the
legislation of Guernsey, and shall totalise such periods of insurance completed
under the legislation of Guernsey, in accordance with Article 7.
(4) When
totalisation under paragraph (3) entitles a person to benefits, the
competent institution of Jersey or Guernsey shall determine –
(a) the
amount of the theoretical pension which would be payable if all periods of
insurance completed under the legislation of all Parties had been completed
under its own legislation;
(b) the
proportion of such theoretical pension which bears the same relation to the
whole as the total of the periods of insurance completed under the legislation
of that Party bears to the total of the periods of insurance completed under
the legislation of that Party together with periods of residence in New
Zealand.
The proportionate amount
thus calculated shall be the rate of pension actually payable by the competent
institution.
Article 14 Sickness
benefit
(1) For
the purposes of any claim for sickness benefit under the legislation of Jersey
or Guernsey each week of residence in New Zealand in the relevant contribution
period shall be treated in relation to –
(a) Jersey,
as a quarterly contribution factor of 0.077 of the appropriate class; or
(b) Guernsey,
as one contribution of the appropriate class;
provided that the claimant
has completed a contribution period as an employed or self-employed person
under the appropriate legislation since last arriving in Jersey or Guernsey.
Article 15 Invalidity
benefit
(1) Notwithstanding
the definitions in paragraph (1) of Article 1, for the purposes of
this Article –
“periods of
insurance under the legislation of New Zealand” means periods of
residence in New Zealand after 10th September 1951 in relation to Jersey
and after 1st January 1952 in relation to Guernsey;
“first contribution
condition for sickness benefit” means –
(i) in relation to
Jersey, that a person has paid contributions prior to the end of the relevant quarter
and the annual contribution factor derived from those contributions is not less
than 0.25;
(ii) in
relation to Guernsey, that a person has paid at least twenty-six reckonable
contributions since 4th January 1965;
“prescribed
period” means, in relation to Jersey and Guernsey, the period commencing
on the same date under the legislation of Jersey or Guernsey, as the case may
be, as the relevant period for the purposes of old age pension and ending on
31st December next preceding the date on which entitlement to invalidity
benefit first arose;
“qualifying period
for invalidity benefit” means –
(i) in relation to
Jersey, a continuous period of incapacity of 364 days under the legislation of
Jersey;
(ii) in
relation to Guernsey, a continuous period of incapacity of 156 days, excluding
Sundays, under the legislation of Guernsey;
“second contribution
condition for sickness benefit” means –
(i) in relation to
Jersey, that a person has paid or been credited with contributions in respect
of the relevant quarter and the quarterly contribution factor derived from
those contributions is 1.00;
(ii) in
relation to Guernsey, that a person has paid or been credited with at least twenty-six
contributions in the relevant contribution year.
(2) Notwithstanding
any other provisions of this Agreement, invalidity benefit shall be payable
under the legislation of Jersey or Guernsey only in accordance with the
following provisions of this Article.
(3) For
the purposes of qualifying for invalidity benefit, a person who is in New
Zealand; and
(a) has
satisfied the first contribution condition for sickness benefit using
contributions under the legislation of Jersey or Guernsey only, as the case may
be; and
(b) has
satisfied the second contribution condition for sickness benefit using periods
of insurance under the legislation of any Party; and
(c) is
incapable of work, and has been so incapable throughout the qualifying period
for invalidity benefit;
shall be treated as if he
had been entitled to sickness benefit throughout that period.
(4) Where
a person has satisfied the conditions set out in paragraphs (3) or (5),
the competent authority of Guernsey shall –
(a) deem
the contribution conditions for the payment of invalidity benefit satisfied;
and
(b) calculate
the amount of invalidity benefit to be paid, subject to paragraph (7), as
being the proportion, not exceeding 100 per cent, of the standard rate which
the total number of contributions paid or credited in Guernsey during the
prescribed period bears to the product of the number of years in that period
and fifty, save that if the amount so calculated is less than one-twentieth of
the standard rate no benefit shall be payable.
(5) For
the purposes of qualifying for invalidity benefit under the legislation of
Guernsey, a person who is in Guernsey; and
(a) has
satisfied the first contribution condition for sickness benefit using contributions
under the legislation of Guernsey only; and
(b) has
satisfied the second contribution condition for sickness benefit using periods
of insurance under the legislation of any Party; and
(c) is
incapable of work, and has been so incapable throughout the qualifying period
for invalidity benefit;
shall be treated as if he
has been entitled to sickness benefit throughout that period.
(6) For
the purposes of paragraphs (3), (4) and (5), a year which is a period of
insurance under the legislation of New Zealand shall be considered as fifty-two
weeks of contributions under the legislation of Guernsey, provided that the
periods do not overlap.
(7) Where
a person is in Guernsey; and
(a) is
entitled to invalidity benefit under the legislation of Guernsey solely through
the application of paragraphs (4)(a) and (5), or has been entitled to such
a benefit in relation to the claim in question solely through the application
of those paragraphs; and
(b) is in
receipt of invalidity benefit under the legislation of New Zealand, whether or
not by virtue of this Agreement;
the amount of the
invalidity benefit payable under the legislation of Guernsey shall be reduced
by the amount by which the aggregate of both benefits exceeds the standard rate
of invalidity benefit under the legislation of Guernsey.
(8) Where
a person has satisfied the conditions set out in paragraph (3), the
competent authority of Jersey shall determine the actual rate of invalidity
benefit payable as the amount that bears the same relation to the standard rate
of benefit as the life average contribution factor bears to 1.00 over the
prescribed period, except that no benefit shall be payable where the factor is
less than 0.1.
(9) Where
a person who is in Jersey is entitled to invalidity benefit under the
legislation of Jersey otherwise than by virtue of the provisions of this
Agreement, that benefit shall be payable.
(10) No
person in relation to whom invalidity benefit is payable under the provisions
of this Agreement shall receive a contribution credit from Jersey or Guernsey
unless present in Jersey or Guernsey, as the case may be.
Article 16 Death
grant
Where a person dies in
New Zealand the death shall be treated, for the purposes of any claim for a
death grant under the legislation of Jersey or Guernsey, as if it had occurred
in Jersey or Guernsey, as the case may be.
PART III
MISCELLANEOUS
PROVISIONS
Article 17 Administrative
Arrangement
(1) The
terms and conditions for the application of the Agreement shall be set out in
an Administrative Arrangement to be agreed by the Parties.
(2) The
liaison agencies of the Parties shall be designated in the Administrative
Arrangement.
Article 18 Claim
for benefit
(1) To
be entitled to a benefit under this Agreement, a person shall file a claim in
accordance with the terms and conditions provided for in the Administrative
Arrangement.
(2) A
claim for a benefit filed under the legislation of one Party after the date of
the coming into force of the Agreement shall be deemed to be a claim for an
equivalent benefit under the legislation of any other Party, if the person
indicates, at the time of the claim, that periods of insurance or residence, as
the case may be, have been completed under the legislation of any other Party.
(3) The
date of receipt of such a claim shall be deemed to be the date on which that
claim was received by the first Party.
(4) The
commencement date for payment of a benefit payable by virtue of this Agreement
shall be determined in accordance with the legislation of the Party concerned
but in no case shall commence earlier than the date on which this Agreement
enters into force.
Article 19 Payment
of benefits
All cash benefits shall
be payable directly to the beneficiary without any deduction for administrative
costs, or for any other costs incurred in paying the benefits, except where
charges arise from monetary conversion which may be payable by the beneficiary.
Article 20 Appeals
(1) Any
person affected by a decision of the competent authority or institution of a
Party, in relation to a matter arising by virtue of this Agreement, shall have
the same rights to a review by or appeal to, administrative or judicial bodies
of that Party, as provided for under the domestic laws of the Party.
(2) Documents
relating to reviews or appeals that may be made to administrative or judicial
bodies established by legislation of one of the Parties may be lodged in the
territory of another Party, and any documents duly lodged in that manner shall
be regarded as duly lodged for the purposes of that legislation.
(3) The
date on which a document is duly lodged in the territory of one of the Parties
in accordance with paragraph (2) shall determine whether that document is
lodged within any time limit specified by the legislation or administrative
practices of any other Party which govern the appeal concerned.
(4) A
decision of an administrative or judicial body may be communicated directly to
a person residing in the territory of another Party.
Article 21 Exemption
of fees and authentication
(1) Any
reduction or exemption of fees provided for in the legislation of one Party
with respect to the issuing of a certificate or document required in accordance
with that legislation shall be extended to the certificates and documents
required in accordance with the legislation of another Party.
(2) Any
document required for the application of the Agreement shall be exempt from
authentication by diplomatic or consular authorities or from any other similar
formalities.
Article 22 Exchange
of information
(1) The
competent authorities shall communicate to each other any information necessary
for the application of this Agreement concerning all matters arising under this
Agreement.
(2) The
institutions shall –
(a) furnish
assistance to one another with regard to the determination or payment of any
benefit or pension under this Agreement;
(b) at
the request of one to the other, assist each other in relation to the
implementation of Agreements on social security entered into by one Party with third
states, to the extent and in the circumstances specified in Administrative
Arrangements made in accordance with Article 17;
(c) forward
to each other any information on measures adopted for the application of the
Agreement or on modifications to their legislation to the extent that such
modifications affect the application of the Agreement; and
(d) notify
each other of the difficulties encountered in the interpretation or in the
application of the Agreement.
(3) The
assistance referred to in paragraph (2) shall be provided free of charge.
(4) Any
information about an individual which is sent in accordance with, and for the
purposes of, this Agreement to a Party by another Party is confidential and shall
be used only for the purpose of implementing this Agreement.
(5) In
no case shall the provisions of paragraphs (2) and (4) be construed so as
to impose on the competent institution of a Party the obligation
to –
(a) carry
out administrative measures at variance with the laws or the administrative
practices of that or another Party; or
(b) supply
particulars which are not obtainable under the laws of that or another Party.
Article 23 Mutual
assistance
The competent authorities
and institutions shall assist each other free of charge in any matter
concerning the application of this Agreement and, as set out in the
Administrative Arrangement, in the operation of the life certificate procedure.
Article 24 Settlement
of disputes
(1) Any
dispute between New Zealand and either of the other Parties concerning the
interpretation or the application of this Agreement shall, as far as possible,
be settled by the competent authorities.
(2) If
a dispute cannot be settled as prescribed in paragraph (1), it shall be
referred, at the request of one Party and, in the case of Jersey and Guernsey,
subject to the concurrence of the Government of the United Kingdom, to a joint
commission.
(3) The
joint commission shall consist of three commissioners, of whom each Party shall
appoint one and the two commissioners so appointed shall appoint a third who
shall act as President; provided that if the two commissioners fail to agree,
the President of the International Court of Justice shall be requested to
appoint the President.
(4) The
joint commission shall determine its own procedures.
(5) The
decision of the joint commission shall be final and binding.
PART IV
TRANSITIONAL
AND FINAL PROVISIONS
Article 25 Transitional
provisions
(1) The
Agreement shall not confer any right to the payment of benefits for a period
before the date of its coming into force.
(2) For
the application of Part II and subject to the provisions of paragraph (1)
of this Article –
(a) a
period of insurance or residence completed prior to the date of the coming into
force of the Agreement shall be taken into consideration for the purposes of
determining entitlement to a benefit under the Agreement;
(b) a
benefit, other than a death grant, is due under the Agreement even if it is
related to an event prior to the date of its coming into force;
(c) at
the request of the person concerned, a benefit granted before the date of
coming into force of the Agreement shall be reviewed under its provisions and
the higher amount paid.
Article 26 Review
of agreement
The Parties may agree at
any time to review any of the provisions of this Agreement and, in any case,
shall, within the period of 2 years commencing on the date of signature of this
Agreement appoint a committee of experts to review and report to the competent
authorities on the operation and effectiveness of the Agreement.
Article 27 Entry into force
(1) Each
Government shall notify the other in writing through the diplomatic channel of
the completion of all statutory and regulatory requirements for the entry into
force of this Agreement. The Agreement shall enter into force on the first day
of the second month following the date of the later of the two notifications.
(2) The
Agreement shall remain in force without any limitation on its duration; it may
be denounced at any time, insofar as it applies to one or more of Jersey,
Guernsey or New Zealand; by
(a) the
Government of the United Kingdom of Great Britain and Northern Ireland, with
the concurrence of either or both of the States of Jersey or of the States of
Guernsey, as the case may be; or
(b) the
Government of New Zealand.
The Agreement shall expire
on the 31st day of December which follows the date of notification, in writing
to the other Government, by at least twelve months.
(3) In
the event of the denunciation of the Agreement, whether in whole or in part,
any rights acquired by a person in accordance with its provisions shall be
maintained and negotiations shall take place between the Governments concerned
for the settlement of any rights then in course of acquisition by virtue of its
provisions.
In witness whereof the
undersigned, duly authorised by their respective Governments, have signed this
Agreement.
Done in duplicate at
London this third day of November 1994.
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For
the Government
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For the Government
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of
the United Kingdom
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of New Zealand:
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of
Great Britain and
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Northern
Ireland:
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ALASTAIR
GOODLAD
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P.J.
GRESHAM
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